Outside Section 66Data Current as of: 8/6/2010

SECTION 66.
Said section 150A of said chapter 111, as so appearing, is hereby further amended by striking out the tenth and eleventh paragraphs and inserting in place thereof the following 2 paragraphs:-

No facility, except a refuse transfer station that handles not greater than 50 tons of refuse per day and is designed, constructed and operated in accordance with performance standards issued by the department, shall be established, constructed, expanded, maintained, operated or devoted to any past closure as defined by regulation, unless detailed operating plans, specifications, a public health report, if any, and necessary environmental reports have been submitted to the department and the department has granted a permit for the facility and notice of such permit is recorded in the registry of deeds or, if the land affected thereby is registered land, in the registry district of the land court for the district wherein the land lies. A refuse transfer station that handles not greater than 50 tons of refuse per day and is designed, constructed and operated in accordance with performance standards issued by the department shall not be established, constructed, expanded, maintained, operated or devoted to any past closure as defined by regulation, unless detailed operating plans, specifications, a public health report, if any, and necessary environmental reports have been submitted to the board of health in the city or town in which the facility is located and such board of health has granted a permit for the facility and notice of such permit is recorded in the registry of deeds or, if the land affected thereby is registered land, in the registry district of the land court for the district wherein the land lies. Within 120 days after the department or board of health, as appropriate, has determined that the operating plans, specifications and reports are complete, the department or board of health shall make a decision granting or refusing to grant a permit. The permit, whether issued by the department or board of health, may limit or prohibit the disposal of particular types of solid waste at a facility in order to protect the public health, promote reuse, waste reduction and recycling, extend the useful life of the facility or reduce its environmental impact.

A decision by the department or a board of health, as appropriate, granting or refusing to grant a permit shall be in writing and shall contain findings with regard to criteria established by the department. A person aggrieved by the action of the department in granting or refusing to grant such permit may appeal that decision pursuant to section 14 of chapter 30A. For the limited purposes of that appeal, the department action shall be deemed to be a final decision in an adjudicatory proceeding. A person aggrieved by the decision of a local board of health in granting or refusing to grant a permit for a refuse transfer station may, within 30 days after the publication of notice of such decision, appeal under said section 14 of said chapter 30A. For the limited purposes of that appeal, the board of health shall be deemed to be a state agency under said chapter 30A and its proceedings and decision shall be deemed to be a final decision in an adjudicatory proceeding.